A fatal accident never happens when we expect it to. One minute you’re saying goodbye to your husband as he leaves for the insurance office. You spend your day at home as usual, caring for your children, taking them to school and looking forward to seeing your husband after work. However, you never see him again. A tragic car crash caused by a drunk driver takes his life as he’s heading home from work that evening.
Dealing with such a tragic loss is the most difficult emotional challenge that a Manhattan Beach resident will ever have to face. However, the financial aspects of such a loss will also take their toll.
If you lost your husband in a car crash caused by a drunk, negligent or unlawful driver, you may have a strong case for pursuing wrongful death damages in court. What follows below is a checklist to determine whether your case has the primary components of a viable wrongful death claim.
A wrongful death claim checklist
When you go to a Manhattan Beach personal injury lawyer to discuss a potential wrongful death claim, the lawyer will want to look over a few important details of your case. The attorney will specifically look to see if the following factual circumstances are present:
- A human being has died.
- The death was the result of another party’s negligence or unlawful behavior, or the result of an intentional wish to cause harm.
- The decedent has close family members, such as children or a spouse, who have suffered monetary injuries because of the death.
- The court has appointed a personal representative to the deceased person’s estate.
Seeking legal help with your wrongful death case
It is conceivably possible to pursue a wrongful death claim without the assistance of an experienced California trial lawyer. However, defense lawyers assigned to such cases by insurance companies are cut-throat, and they will do everything possible to minimize a wrongful death plaintiff’s claim for damages.
Fortunately, close family members of individuals killed in car accidents can approach most personal injury attorneys in California for a free, no obligation case evaluation. During this evaluation, the attorney will review the facts and evidence surrounding the accident and provide legal counsel about the strengths and weaknesses of a potential wrongful death lawsuit.